Chapter 7.08 — ABATEMENT OF WEEDS AND RUBBISH

State Law reference— Local authorities authorized to compel owners or controllers of property to remove weeds, etc., Government Code § 39501 et seq.; chemical control of weeds by cities, Government Code § 39562.2.

This chapter shall be known as "Weed Abatement Regulations."

(Code 1972, § 7.08.010; Ord. No. 1065, § 4(part), 1999)

The term "waste matter," for the purpose of this chapter, means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as:

(1)

Rubble, asphalt, concrete, plaster, tile;

(2)

Rubbish, crates, cartons, metal and glass containers.

(Code 1972, § 7.08.020; Ord. No. 1065, § 4(part), 1999)

(a)

All weeds, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon the streets, parking areas, sidewalks, or upon private property within the city which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard or a public nuisance.

(b)

Cultivated and useful grasses and pastures are not a public nuisance; however, if the director of planning and community development or his authorized representative determines it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.

(Code 1972, § 7.08.030; Ord. No. 1065, § 4(part), 1999)

Waste matter as defined in section 7.08.020, which by reason of its location and character would materially hamper or interfere with the prevention or suspension or suppression of fire upon the premises, or the abatement of a nuisance as defined by section 7.08.030, is a public nuisance.

(Code 1972, § 7.08.040; Ord. No. 1065, § 4(part), 1999)

Property subject to abatement shall be cleared of all vegetation and rubbish in accordance with the following standards:

(1)

In the case of any property five acres or less, the requirements of this section shall be satisfied if the property is maintained in accordance with the following standards:

a.

The property shall be clear-cut of all vegetation or plowed (disked) to mineral soil, if allowed by state or federal laws;

b.

The property shall be free of fire hazard nuisances including dry or dead grasses, shrubbery or trees, and combustible refuse and waste or any material growing that may in reasonable probability constitute a fire hazard;

c.

The property shall be free of waste and refuse which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property owned by neighbors, or that detrimentally affects property values in the surrounding neighborhood or community;

d.

The property shall be free of rubbish and vegetation which would hamper or interfere with the prevention or suppression of fire;

e.

Grasses located on the property shall be cut to a height not exceeding six inches;

f.

Trees located on the property shall be trimmed to their trunk at least eight feet above the level of the ground surface; and

g.

The property shall be maintained in accordance with all of the preceding standards over the entire surface area up to the public way or adjoining top of curb, or where there is no curb or pavement, to the nearest roadway surface or existing traveled way.

(2)

In the case of any property larger than five acres, the requirements of this section shall be satisfied if the property is maintained in accordance with the following standards:

a.

If allowed by state or federal laws, the property shall be clear-cut of all vegetation or plowed (disked) to mineral soil within a 100-foot strip at the boundaries of the property. Where the property is adjacent to a public way, the 100-foot abatement area shall be measured from public way or adjoining top of curb, or where there is no curb or pavement, from the nearest roadway surface or existing traveled way;

b.

Vegetation on the property shall be crosscut or plowed (disked) in a lengthwise pattern with 100-foot wide strips, at intervals of not less than 100-feet, resulting in a "checkerboard" pattern over the entire surface area of the property;

c.

The property shall be free of fire hazard nuisances including dry or dead grasses, shrubbery or trees, and combustible refuse and waste or any material growing that may in reasonable probability constitute a fire hazard;

d.

The property shall be free of waste and refuse which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property owned by neighbors, or that detrimentally affects property values in the surrounding neighborhood or community;

e.

The property shall be free of rubbish and vegetation which would hamper or interfere with the prevention or suppression of fire;

f.

Grasses located on the property shall be cut to a height not exceeding six inches;

g.

Trees located on the property shall be trimmed to their trunk at least eight feet above the level of the ground surface;

h.

The property shall be maintained in accordance with all of the preceding standards over the entire surface area up to the public way or adjoining top of curb, or where there is no curb or pavement, to the nearest roadway surface or existing traveled way;

i.

The fire marshal may require firebreaks exceeding the 100-foot width or disking of larger than five-acre parcels if deemed necessary for the protection of the public safety and welfare.

(3)

In the case of Russian thistle (tumble weeds), all properties, regardless of acreage, shall satisfy this section if the property is maintained in accordance with the following standards:

a.

All properties shall be cleared of tumble weed growth or loose tumble weeds and maintained to mineral soil so as not to create hazardous fire safety conditions within the city, if allowed by state or federal laws; and

b.

The property shall be maintained free of tumble weeds over the entire surface area up to the public way or adjoining top of curb, or where there is no curb or pavement, to the nearest roadway surface or existing traveled way.

(Code 1972, § 7.08.045; Ord. No. 1085, § 2, 2001)

If it is determined by the director of planning and community development or his authorized representative, that a public nuisance, as designated in sections 7.08.030 and 7.08.040, exists on any lot or premises in the city or upon any sidewalk, parking area or street adjacent to such lot or premises, the director of planning and community development or his authorized representative shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting as provided by this chapter shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.

(Code 1972, § 7.08.050; Ord. No. 1065, § 4(part), 1999)

The notice required by section 7.08.050 may be served in any of the following manners:

(1)

By personal service on the owner, occupant or person in charge or control of the property;

(2)

By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed completed upon the deposit of said notice, postage prepaid, in the United States mail;

(3)

By posting at a conspicuous place on the land or abutting public right-of-way.

(Code 1972, § 7.08.060; Ord. No. 1065, § 4(part), 1999)

Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the board of zoning adjustment. Such appeal shall be in writing and shall be filed with the secretary of the board of zoning adjustment. At the regular meeting or adjourned regular meeting of the board of zoning adjustment, not less than five calendar days nor more than 20 calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The secretary of the board of zoning adjustment shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him at the address stated in his written appeal.

(Code 1972, § 7.08.070; Ord. No. 1065, § 4(part), 1999)

It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to clean premises.

(Code 1972, § 7.08.080; Ord. No. 1065, § 4(part), 1999)

If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this chapter, director of planning and community development or his authorized representative shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on each separate property shall be filed with the city council.

(Code 1972, § 7.08.090; Ord. No. 1065, § 4(part), 1999)

The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing,

and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.

(Code 1972, § 7.08.100; Ord. No. 1065, § 4(part), 1999)

The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.

(Code 1972, § 7.08.110; Ord. No. 1065, § 4(part), 1999)

The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in section 7.08.110.

(Code 1972, § 7.08.120; Ord. No. 1065, § 4(part), 1999)

The finance department of the city may accept payment of any amount due at any time prior to the city council's final determination on the cost report and account, as called for in section 7.08.110.

(Code 1972, § 7.08.130; Ord. No. 1065, § 4(part), 1999)

The provisions of Government Code sections 39580—39585, inclusive, are incorporated in this chapter by reference. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

(Code 1972, § 7.08.140; Ord. No. 1065, § 4(part), 1999)

The owner, occupant or agent or any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.

(Code 1972, § 7.08.150; Ord. No. 1065, § 4(part), 1999)